Special Education - Frequently Asked Questions

1. What is Special Education?

• How do I know if my child should receive special education services?
• What is the Committee on Special Education (CSE)?
• What does it mean to be classified as a "special education student"?
• How do children get classified as special education students?
• How do children get declassified as special education students?
• Can I remove my child from a special education program once he or she is placed there? Can I be charged with neglect or punished for not approving special education for my child?

2. What are the alternatives to special education?

• Are there alternatives to a special education referral?
• If my child has a behavioral problem, what services must the school provide before referring him or her to special education?
• What if my child has a disability but does not qualify for special education?

3. What are the different programs included within Special Education?

• Do special education programs vary from district to district?
• How do I find out about the services provided in my district?
• What special education services are available in New York City?

4. What is the process for referring, evaluating, and placing my child into Special Education?

• Who can refer my child for special education services?
• What are the requirements when a school refers my child for evaluation?
• Does the school district need my consent to evaluate my child?
• What happens if I do not consent to an evaluation?
• Can I take back my consent once I have given it?
• When will my child be evaluated?
• What does an evaluation include?
• When will a recommendation be made for my child?
• Can my child be placed in special education classes without my consent?
• How frequently can my child be reevaluated?
• Is there a certain time period after which my child must be reevaluated?
• What can I do if I want an independent evaluation?
• Will the CSE pay for an independent evaluation?

5. What is an Individual Education Program (IEP)?

• Who writes up my child’s IEP?
• What must the IEP include?
• What should I do to prepare for an IEP meeting?
• Do I need an attorney at an IEP meeting?
• What can I do if my child isn’t getting the services outlined on his or her IEP?
• How can I increase or decrease the amount of services my child receives?

6. What should I do if I disagree with the CSE’s recommendation for my child’s placement?

• How do I protest the recommended placement of my child?
• What are the disability categories and service determinants?

7. What is "Least Restrictive Environment"?

• How can a child with disabilities be accommodated in a general education classroom?
• Will general education teachers be trained to address the needs of children with disabilities?
• What is the range of placements available for children with disabilities?
• When should the placement decision be made?
• What must be included on a student's IEP with regard to LRE?
• When should a child be removed from a general education class to a special class or separate school?
• How does LRE apply to children with behavior problems?
• What is inclusion and how does it relate to LRE?
• What is mainstreaming and how does it relate to LRE?

8. Private School

• When will the Board of Education or other NYS school districts pay for a private school?
• Is it possible for the Board of Education or other school district to pay for a private school that has not been state approved?

9. How does Section 504 relate to Special Education?

10. Graduation, Promotion and Transition

• Are the promotional requirements the same for students receiving special education services as for those in general education?
• What are the rules regarding grade level retention for children receiving special education services?
• Can my child get modifications on tests for promotion or graduation?
• Can my child get a high school diploma?
• Does special education include vocational training?
• What are transition services?
• When will my child receive transition services?

11. Miscellaneous

• Is my child entitled to transportation to and from school?
• How can I access my child's special education records?
• What can I do to object to information in my child’s special education records?

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